WSR 09-17-145

PROPOSED RULES

HOME CARE

QUALITY AUTHORITY

[ Filed August 19, 2009, 11:59 a.m. ]

Original Notice.

Title of Rule and Other Identifying Information: The home care quality authority is amending WAC 257-10-130 What information may be considered cause for denying an individual provider or prospective individual provider placement in the referral registry?

Hearing Location(s): Home Care Quality Authority Board Room, 4317 6th Avenue S.E., Suite 101, Lacey, WA 98503 (link to HCQA map available from http://www.hcqa.wa.gov/Contact/contact_hcqa.html, or by calling (360) 493-9350), on September 30, 2009, at 11:00 a.m.

Date of Intended Adoption: Not earlier than October 20, 2009.

Submit Written Comments to: Lisa Livingston, HCQA Rules Coordinator, P.O. Box 40940, Olympia, WA 98504-0940, delivery 4317 6th Avenue S.E., Suite 101, Lacey, WA 98503, e-mail llivingston@hcqa.wa.gov, fax (360) 493-9380, by 5:00 p.m. on September 20, 2009.

Assistance for Persons with Disabilities: Contact Lisa Livingston by September 20, 2009, phone (360) 493-9350.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To clarify reasons for removing an individual provider or prospective provider from the referral registry and to maintain consistency with other WAC, statute and policies related to fingerprint-based background check requirements for individual providers.

Reasons Supporting Proposal: See above.

Statutory Authority for Adoption: RCW 74.39A.280(3) Authority duties; Title 74 RCW.

Statute Being Implemented: RCW 74.39A.280(3).

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Home care quality authority, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Lisa Livingston, P.O. Box 40940, Olympia, WA 98504-0940, (360) 493-9350; and Enforcement: Rick Hall, P.O. Box 40940, Olympia, WA 98504-0940, (360) 493-9350.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The agency has determined that no new costs will be imposed on small businesses or nonprofit organizations.

A cost-benefit analysis is not required under RCW 34.05.328. Rule[s] are exempt per RCW 34.05.328(5).

December 30, 2008

R. A. Hall

Executive Director

OTS-2481.2


AMENDATORY SECTION(Amending WSR 09-10-005, filed 4/22/09, effective 5/23/09)

WAC 257-10-130   What information may be considered cause for denying an individual provider or prospective individual provider placement on the referral registry?   An individual provider may be denied placement on the referral registry for the following reasons:

(1) A background check that results in disqualifying crimes based on ((criteria as specified in chapter 43.43 RCW)) appropriate department of social and health services list of crimes and negative actions.

(2) Lack of disclosure on background authorization form.

(3) Inclusion on any state abuse and neglect directory.

(4) Information that a current and valid protective order exists and was issued in the state of Washington barring contact with children, vulnerable adults or persons with disabilities.

(5) A reasonable, good faith belief that an individual provider or prospective individual provider is unable to meet the care needs of consumers.

(6) The background check reveals an offense or pattern of offenses that the executive director determines may put consumers at risk.

(7) Department of social and health services IP contract is denied.

[Statutory Authority: RCW 74.39A.280(3) and Title 74 RCW. 09-10-005, 257-10-130, filed 4/22/09, effective 5/23/09.]

Washington State Code Reviser's Office